Biodiesel plant accused of violation

MOUNDVILLE | An investigation is underway by the Alabama Department of Environmental Management into the dumping practices of a newly operational biodiesel operation.

By Jason MortonStaff Writer | The Tuscaloosa News

MOUNDVILLE | An investigation is underway by the Alabama Department of Environmental Management into the dumping practices of a newly operational biodiesel operation.The allegations against Veros Energy LLC were brought to ADEM by Black Warrior Riverkeeper Nelson Brooke, who said he discovered what appeared to be high amounts of fats and grease in the river's Carthage Branch tributary.A spokesman for Veros Energy said the claims against the company were overblown and that it is operating within the bounds of its federally-issued discharge permit.However, the claims have sparked a review of its monitoring systems that will be adjusted if the need arises.Brooke said he went to inspect the tributary that lies at the end of the Douglas Nature Trail in the Moundville Archeological Park because a prior biodiesel operation had caused pollutants to accumulate in the area.These findings resulted in a federal lawsuit brought by the Riverkeeper against Alabama Biodiesel, a suit that ended in a 2008 settlement in U.S. District Court in Birmingham that required Alabama Biodiesel to cease illegal discharges of oil and grease, obtain a discharge permit and pay $45,000 in damages and attorneys' fees."Sadly, there was oil and glycerin ... (and) it's not a pretty site in the tributary over there," Brooke said. "It was kind of like déjà vu."Brooke took photographs and videos that were submitted last week to ADEM.The state agency said Friday that it had visited Veros Energy on Cherokee Bend and on Monday had obtained water samples to analyze."We are analyzing those water samples for a wide range of compounds ... so it will be a few more days before we get those analytical results complete," said ADEM spokesman Scott Hughes.Any company discharging waste into public bodies of water must obtain a National Pollution Discharge Elimination System (NPDES) permit.The permit used by Veros Energy allows for 15 milligrams per liter of oils and grease to be dumped into Carthage Branch each month.Brooke's samples that he collected in one day earlier this month have been analyzed and, according to results compiled by Birmingham-based Sutherland Environmental Co., indicated the water submitted by the Riverkeeper contained oils and grease at a level of 89 milligrams per liter.The Riverkeeper said he alerted ADEM not just because of his concerns over the water quality, but also of worries that people may unknowingly expose themselves to the pollutants."We check on this stuff because we want to ensure facilities are abiding by the law, they're following the Clean Water Act and they're not putting people in harm's way," Brooke said, noting that he observed a folding beach chair and a child's footprints along the banks while he was conducting his investigation. "(Carthage Branch) is a common place for people to hang out and there's no signs or anything telling people industrial discharge ... is coming up the creek."Rob McNaughton, commercial manager for Veros Energy, said the Riverkeeper's claims were not as accurate as Brooke claimed and said ADEM's inspectors had found no wrongdoing by the company during its visits."We are completely in compliance with all environmental agencies," McNaughton said, adding that ADEM officials had given the company verbal assurance that they had found no evidence of non-compliance."They have been on-site and inspected us and we are in complete compliance," he said.McNaughton said he and others with Veros Energy have agreed to meet with Brooke and the Riverkeeper team to discuss their concerns.However, Veros Energy remains a relatively new operation, McNaughton said, and several issues remain to be addressed.The plant is configured to operate off of sustainable waste products, such as used cooking oil, and is not focusing on food products as a primary source for its operations.Additionally, some of the substances Brooke observed in the creek are naturally occurring and attributed to the chemical decomposition of plants and wildlife, McNaughton said."What's happened in the past with prior management is prior management," McNaughton said. "We have no intent to violate any reg(ulation)s and, in fact, we intend to exceed the regs that are imposed on us. ..."It's a process. We've got lots of things we have to address, but our top priority is being compliant."